F1 visa holder, just married a USC, need help with the process

[garima_y 0]

Hello, everyone, I am from India and my fiance and me, got married a month ago. we are planning on filing for AOS for me. I had a few questions before that.

seeing that I am an F1 visa holder, will that create any problem with the process?

Do I change my name in the Indian passport before or after I receive my green card?

If I do change my name in the passport, would I also need to apply for a name change in my F1 visa, along with informing the school and changing it in my I-20 and I-94 as well?

I am planning on visiting home (India) in December but from what I have read so far, I can not leave the country without applying for 'advanced parole' with all the forms. how long will that take (approximately)? As if it takes longer than 2 months then it would not make sense as I have to go back in decemeber, and then file only after I come back.
And if it would be okay to wait that long to file for AOS?

I know, it's a long list of questions, but I'm completely new to the process and completely lost.
I would appreciate all the help I get
thanks!

[TBoneTX 43,014]

Welcome to the forum. Your thread is moved from Introducing Our Members to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum, to be among similar threads. People will be along to answer your questions soon. Good luck!

[Starkilla09 366]

Hello, everyone, I am from India and my fiance and me, got married a month ago. we are planning on filing for AOS for me. I had a few questions before that.

seeing that I am an F1 visa holder, will that create any problem with the process?

Do I change my name in the Indian passport before or after I receive my green card?

If I do change my name in the passport, would I also need to apply for a name change in my F1 visa, along with informing the school and changing it in my I-20 and I-94 as well?

I am planning on visiting home (India) in December but from what I have read so far, I can not leave the country without applying for 'advanced parole' with all the forms. how long will that take (approximately)? As if it takes longer than 2 months then it would not make sense as I have to go back in decemeber, and then file only after I come back.

And if it would be okay to wait that long to file for AOS?

I know, it's a long list of questions, but I'm completely new to the process and completely lost.

I would appreciate all the help I get

thanks!

1. No that won't create any problem because you're on an F1 visa. You're eligible to adjust status as spouse of a U.S. Citizen.

2. No you don't have to change your name on your Indian passport even when you have your green card. You can always carry a copy of your marriage certificate to show any changes if asked when traveling to correct discrepancies.

3. Not something to worry about as explained above. You can't even change name on an issued visa anyway. And you won't be needing that stamp anymore to re-enter the U.S. even if still valid when entering on AP or green card.

4. Yes you can't leave the U.S. after submitting your adjustment of status application without AP as it will be considered abandoned. AP takes 60 to 90 days on average to be approved and looking at the timeframe, chances are your December trip won't be make the cut. Of course you can always aaply for your AOS when you feel ready and have the $1690 to burn. Good luck!

[DrEllaNJ 288]

although you may want to ask for advice/consult an attorney about trying to re-enter the US on an F-1 visa when you're married to a USC. Perhaps I'm paranoid, but I opted to remain in the US when I even got engaged on a J-1 visa.

Quote from a website for UW students - https://iss.washington.edu/marrying-citizen

If I travel, will I have any problems returning to the U.S?

You may. We recommend that you seek the advice of your immigration attorney regarding this matter.

Once you are married to a U.S. citizen, you may have difficulties returning to the United States because the U.S. Customs and Border Patrol (USCBP) may think you have the intent to immigrate to the United States to be with your U.S. citizen spouse. This is not permitted for individuals in F-1 or J-1 status.

Also, if you chose to file paperwork to become a permanent resident while in the United States (Adjustment of Status), you cannot travel on your F or J visa. Doing so would cause your I-485 Application to Adjust Status to Permanent Resident to be abandoned and denied. Instead, you will need to file an I-131 Application for Advance Parole and wait for it to be approved. You can travel freely during the validity period of your Advance Parole document.

If you have any problems with your F or J status, you should speak with an immigration attorney before filing any applications or before traveling abroad.

[garima_y 0]

1. No that won't create any problem because you're on an F1 visa. You're eligible to adjust status as spouse of a U.S. Citizen.

2. No you don't have to change your name on your Indian passport even when you have your green card. You can always carry a copy of your marriage certificate to show any changes if asked when traveling to correct discrepancies.

3. Not something to worry about as explained above. You can't even change name on an issued visa anyway. And you won't be needing that stamp anymore to re-enter the U.S. even if still valid when entering on AP or green card.

4. Yes you can't leave the U.S. after submitting your adjustment of status application without AP as it will be considered abandoned. AP takes 60 to 90 days on average to be approved and looking at the timeframe, chances are your December trip won't be make the cut. Of course you can always aaply for your AOS when you feel ready and have the $1690 to burn. Good luck!

Thank you so much for this. Appreciate it!!

[EM_Vandaveer 2,364]

Leaving and re-entering on an F-1 with the intent of AOSing is visa fraud.

[garima_y 0]

Leaving and re-entering on an F-1 with the intent of AOSing is visa fraud.

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

[EM_Vandaveer 2,364]

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

Because when you come back to the US after your visit, you'd be entering on a non-immigrant visa (F-1) with the intent of filing AOS.

You are not allowed to enter on a non-immigrant visa with the intent of filing for a GC.

[KierenHby 897]

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

That's a legal grey area. Marriage to a USC imparts immigrant intent, and entering on a non-immigrant visa opens you to scrutiny at POE.

[Jojo92122 1,924]

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

Each time you enter the US on the F-1 visa, you must not have immigration intent at each entry.

When you use your non-immigrant F-1 visa to enter the US with the intent to immigrate, then it's visa fraud. Since you are already planning to file for AOS, you would have immigrant intent when you enter the US after your trip home.

Edited September 30, 2016 by Jojo92122

[Jojo92122 1,924]

That's a legal grey area. Marriage to a USC imparts immigrant intent, and entering on a non-immigrant visa opens you to scrutiny at POE.

There is no legal grey area here. OP has stated that she would AOS upon entering the US after her trip home.

[EM_Vandaveer 2,364]

Marry ASAP, file AOS, EAD, AP ASAP. You'll probably won't make December, but by mid-January, you should have your AP in hand and can visit India without problems.

Edited September 30, 2016 by EM_Vandaveer